My first guest blog comes to us via mediator and friend John Facenfield. John is Complaints Manager at Carfinance247 and was previously in my team at Ombudsman Services in Warrington.
In recent years, there has been slow but steady movement away from the expensive, stressful, and time-consuming adversarial legal system as a way of settling personal injury disputes. Instead, people have been taking advantage of different types of ADR, particularly mediation, with lawyers and insurers increasingly recognising the value of mediation.
During the same period mediation has grown in popularity in personal injury cases. If you have reached an impasse in negotiations with an insurance company over settlement of your personal injury claim, mediation may offer a sensible way out. Or if you’re an insurance firm that would like to consider an ADR Contract Clause to help mitigate your losses and legal costs, Ombudsman Services Business to Business may just have the solution for you.
If you have reached an impasse with the insurance firm or as a firm unable to resolve the settlement with the claimant while negotiating a personal injury claim, consider mediation as a way to break the stalemate.
Mediation has several potential advantages. It allows you to sit in the same room with the other party, which puts a human face (yours) on a claim that is otherwise just a file on the adjuster’s desk. An adjuster may be more likely to give you a reasonable settlement when sitting across a table from you than if you remain merely a set of papers or claim documents and a voice on the phone.
Mediation also gets the adjuster to put special effort into your claim, which increases the likelihood that the adjuster will try hard to settle the matter. The same can be said to the claimant as the adjuster is able to test the evidence of the claim prior to any litigation, testing the reasonableness of all parties and their desire to settle fairly.
You need no documents or arguments for mediation that you do not already have from the claims process. And you get a third person - the mediator - to encourage a break in the deadlock. Mediation can be much faster, easier, and less expensive than retaining a lawyer and / or going to court.
You can find our more about John on LinkedIn at https://uk.linkedin.com/in/john-facenfield-74b857b9.